EARLS of DESMOND and THOMOND. MS 603, p.57 11 March 1550
MS 603, p.57
Calendar of the Carew Manuscripts preserved in the Archiepiscopal Library at Lambeth, ed. J. S. Brewer & W. Bullen (6 vols., 1867-73), vol. I, document 192.
Agreement made between the Earls of Desmond and Thomond at Limerick, 11th March 4 Edward VI., by Sir Wm. Brabazon, Lord Justice of Ireland, and the Council.
(1.) It appears by their several complaints to us exhibited that great disputes depend betwixt them, "the one maintaining outlaws and malefactors of other's country," notwithstanding a former order taken between them on the 9th January, 3 Edw. VI., by the Bishop of Cashel, Sir John Travers, and Thomas Howthe, Justice, that each of them should restore such malefactors, which order has not been observed, but more harm has ensued than before. The greatest cause of the breach thereof was that the said Earls put in no pledge or security for performance of the same. We have therefore caused the Earl of Desmond to put as pledge, into the Mayor of Limerick's hands, William Lashe of the Brove, gent; and the Earl of Thomond to put as pledge Rickard McGillariaghe of Donogan; neither of them to be delivered or enlarged without consent of the said parties until the order and agreement be fully performed.
(2.) For the contentions betwixt Sir Donell O'Bryen and Sir Tirreloghe O'Bryen, brother to the said Sir Donell, and betwixt the Earl of Thomond and the said Sir Tirrellaghe O'Brien, through which great harm has ensued to the country of Thomond, the said Sir Tirrelaghe has put himself as pledge into the hands of Sir Donnoghe O'Bryen, Lord of Ibreacan, for the performance of the orders which shall be taken by the arbitrators appointed betwixt them; and the said Earl of Thomond and the said Sir Donell will put in the said Lord's hands such pledges as he shall chose.
(3.) It appears to us that the Earl of Desmond maintains O'Chonour, Kery Teig McMahon, and Tirrelaghe McDonoghe Oge "as outlaws and malefactors upon the Earl of Thomond, that bring spoils, boddrags, and robberies daily sithens the said first order, from Thomond to the countries under the said Earl of Desmond's rule;" and that the Earl of Thomond "before that time did maintain and keep as outlaws upon the said Lord of Desmond, and yet doth, all the clan Mahowns, except the said Teige, Cale O'Chonnour, Teig O'Chonnour, Cahyre O'Chonour, sons to O'Chonnour, Kyry Tirrelaghe McDonell, MacTeige and his sons, Donnoghe Oge McDonnoghe Ny Knoyke, Dermote O'Bryen and Donnoghe O'Bryne, sons to O'Bryen; which malefactors commit likewise daily harms to the countries under the said Earl's rule, as burning, killing of men, robberies, and boddraggs." As we cannot abide here to hear the proofs of the poor people, we have remitted the hearing of the process to the Ladies of Desmond and Thomond, David FitzMorishe, Hubbert Mahon, McBryen Hy Bren, William Lex, McGlanther, the parson of Kilkorman, [and] Don McGorman, or to any four of them, so that the said Ladies be two. "In case they do not agree in the examination of the said proofs, then the same to be taken by the Lord of Ibracan, indifferently chosen by their assents to examine and determine the same.
The Earl of Thomond to see full restitution made of all goods taken by the said malefactors under Desmond's rule, except those left this side the Shannen, and expel the said sons of O'Chonnour and all other malefactors from the country of Thomond. The Earl of Desmond to make like restitution. They are to keep the King's peace the one to the other, and to join together as friends to serve the King's Majesty for defence of his country, or else forfeit to the King 500l. sterling.
(4.) "Where the said Earl of Desmond did give to Dermott O'Bryen, son to the said Earl of Thomond, under colour and pretence of marriage to be had betwixt the said O'Bryen and the Earl of Desmond's daughter, with the consent and agreement of the said Earl of Thomond, in part of payment of a more sum, four chief horses, and after the delivery of the same horses the promise of marriage was not performed of the behalf of the Earl of Thomond and his son:" therefore we order that the Earl of Thomond shall restore the said four horses to the Earl of Desmond within 12 days, or the price of them, according as it shall be proved before the Lord of Ybraccan; "and also any cause that the Earl of Thomond or any of his country have under the Earl of Desmond's rule, upon complaint made of the same to the said Earl, restitution and satisfaction to be made accordingly, and the Earl of Thomond to do the like to the said Earl of Desmond.
(5.) As to the "controversy betwixt Sir Donell and the said Tirlaghe and their brethren concerning the division of the land betwixt them, as brethren, according to the custom of their country, for the which Bunratye, in the possession of the said Tirlaghe, is now in contention," it is ordered "that the division shall be made and done betwixt them as the Lord of Ibrakan and Boylaghe McGlaughe, Donell Oge McGlaughe, Doctor O'Nelane, Sir Donnoghe McGrade, Hugh McGlaughe, O'Griffa, Cornells Juvenis O'Dea;" and in case the said arbitrators cannot agree, then the Lord of Ybracan shall be sole umpire, for that he is the elder brother.
(6.) The same arbitrators shall also order the contentions betwixt the Earl of Thomond and Sir Tirlaghe; "and the said Earl and Sir Tirlaghe to put their pledges" to perform the order taken.